Singalong with Barry - King Song Pty Ltd - Law Case Study Assessment Answer

Law Case Study Assessment Task

King Song Pty Ltd is a company which promotes Australian music festivals.  Leo King, the managing director of King Song Ltd promotes ‘Singalong with Barry”, a three-hour concert to be held in the Hunter Valley Vineyards at 8.00pm on 1 June 2019.   On 1 February 2019 Leo advertises te event on the internet and in national newspapers as follows:

‘On 1 June 2019, ‘Singalong with Barry’ features Australia’s top internationally renowned tenor, Barry Tone.   Barry will sing the greatest hits from Broadway musicals.  Tenor lovers will be able to sing under the stars with Barry. Tickets are $300 each.   Pay by electronic bank transfer or credit card to King Sing Pty Ltd.  Your ticket will be sent by post within five days of receipt of payment’

Dee Major, being an avid fan of Barry Tone and Broadway musicals, sees the advertisement, pays $300 by electronic transfer, and receives her ticket in the post.  The ticket states the name of the concert as ‘Singalong with Barry’ and includes the date and the price. At the bottom of the ticket the following notice appears in smaller print:

‘This ticket is issued subject to the condition that in no circumstances will King Song Pty Ltd be liable for the non-attendance for any reason by Barry Tone at the ‘Singalong with Barry’ concert on 1 June 2019.  In the event that Barry Tone is unable to perform at the concert a tenor of equal standing will sing instead and no refund will be given on any issued ticket.’

Shortly after the advertisement appeared, Barry fell in love with South America soprano, Evita Shrek, and followed her to Brazil where he was offered a one-year contract to sing with Evita in the new Disney musical TheTiger Queen.  On 1 March Barry emailed Leo from Brazil informing Leo that he would be unable to sing at the Hunter Valley concert on 1 June 2019.

Leo tried desperately to find a similar Australian tenor, but could only find one whose fees were double those of Barry.  Instead, he found a New Zealand tenor, Mel Lowe, who specialised in Elvis Presley impersonations and who was happy to perform at the Hunter Valley concert for half the fees that would have been payable to Barry.  On 1 April 2019 Mel signed a contract with Leo to sing at the Hunter Valley concert on 1 June 2019.

 Leo waited until 20 May 2019 before emailing Dee Major and all other ticket holders to advise that Barry Tone was unable to sing and that instead Mel Lowe, a New Zealand tenor, would be performing Elvis Presley impersonations.

Dee Major regarded sitting through a three- hour concert of Elvis Presley songs more painful than listening to the greatest hits from Eurovision contests.  When Dee claimed a refund of her $300, Leo King informed her there would be no refund.  Leo referred Dee to the exclusion clause on the ticket and informed her that the concert would still go ahead on 1 June 2019 with Mel instead of Barry.

Question 1 

Discuss, in a problem-solving format, whether Dee is entitled to receive a refund from King Song Pty Ltd.

Your answer should be based on the common law of contract (specifically the rules and case law on contract formation and exclusion clauses)

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